Question 1

What if the victim is under threat of imminent danger from their abuser?

Accepted Answer

California law provides mechanisms for obtaining immediate protection when someone faces an imminent threat. Law enforcement can request an Emergency Protective Order from a judge, and a person seeking protection may also request a domestic violence restraining order that provides temporary protection while awaiting a hearing. If there is an immediate threat to your safety, call 911.

Question 2

What is the difference between a domestic violence protection order and a restraining order?

Accepted Answer

In California, a domestic violence restraining order (DVRO) is a civil court order designed to protect someone from abuse by a person with whom they have a qualifying relationship, while an Emergency Protective Order (EPO) is a short-term emergency order requested by law enforcement and issued by a judge. A DVRO can begin with a temporary restraining order and it may become a longer-term order after a hearing.

Question 3

How long does a permanent domestic violence protection order last?

Accepted Answer

In California, a long-term domestic violence restraining order can last up to five years. Before it expires, the protected person can ask the court to renew it.

Question 4

What happens at a domestic violence hearing?

Accepted Answer

At the hearing, the judge considers evidence and arguments from both sides and determines whether a longer-term restraining order should be issued. Both parties can present evidence and witnesses. When children are involved, the court may also address custody and visitation issues as part of the proceeding.

Question 5

What types of evidence are most useful in a domestic violence divorce case?

Accepted Answer

Useful evidence may include police reports, photographs, medical records, threatening or harassing messages, emails, voicemails, witness testimony, prior restraining orders, and detailed records of incidents. California courts permit parties at restraining-order hearings to bring evidence and witnesses supporting their positions.

Question 6

What is the California Domestic Violence Prevention Act?

Accepted Answer

The California Domestic Violence Prevention Act provides civil protections for people experiencing abuse in qualifying domestic relationships. Among other remedies, it allows courts to issue restraining orders addressing conduct such as stalking, threatening, harassing, striking, contacting, destroying property, and disturbing another person's peace.

Question 7

My ex is stalking me. What can I do?

Accepted Answer

If an ex-partner is stalking you, consider contacting law enforcement and seeking a restraining order. Reporting stalking can also create documentation that may become relevant in subsequent family court proceedings. If you believe you or your children are in immediate danger, call 911.

Question 8

Why should I hire a San Diego family law attorney?

Accepted Answer

Legal representation can be especially valuable when domestic violence overlaps with divorce, custody, visitation, or support. An attorney can help prepare evidence, address related family law issues, and represent you at hearings.

Question 9

What if the abuser was under the influence of alcohol or drugs?

Accepted Answer

Being intoxicated does not excuse domestic abuse. Substance abuse may also become relevant to custody and visitation when a parent's conduct creates concerns about a child's health, safety, or welfare. Mattis Law, A.P.C. handles custody cases involving substance abuse concerns as well as domestic violence.

Question 10

Is there a way for parents who are seeking visitation to document sobriety for the court?

Accepted Answer

Soberlink is an advanced alcohol monitoring system built for situations where reliable accountability matters. Unlike traditional alcohol testing methods, it combines a professional-grade breathalyzer with wireless connectivity and facial recognition technology to verify testing and simplify reporting. Amelia J. Mattis is a certified Soberlink attorney. Soberlink confirms the identity of the individual taking each test, delivers results immediately, and creates detailed reports that may be used in court. These reports can also be securely shared with attorneys, judges, and other involved parties, helping provide clear documentation of alcohol testing and compliance.

Question 11

Can a protection order force a spouse to move out of a shared home?

Accepted Answer

A California domestic violence restraining order can include a move-out order requiring the restrained person to leave a shared residence when the legal requirements for that relief are satisfied. Because such an order can significantly affect both parties, the specific facts and requested relief should be carefully presented to the court.

Question 12

Does calling the police during an incident help my family law case?

Accepted Answer

A police report can create contemporaneous documentation of an alleged incident and may later help corroborate claims made in family court. However, a police report does not automatically establish that abuse occurred, and the court will consider the evidence presented in a particular case.

Question 13

How does domestic violence impact child custody and visitation decisions?

Accepted Answer

Domestic violence can have a major impact on California custody decisions. Under Family Code Section 3044, when a court finds that a parent seeking custody committed domestic violence within the previous five years, a rebuttable presumption applies against awarding that parent sole or joint physical or legal custody. Depending on the circumstances, visitation may still be permitted, including supervised visitation.

Question 14

Can I relocate with my children to escape an abusive environment?

Accepted Answer

Domestic violence can be highly relevant to custody and relocation issues, but a parent should not assume that abuse allegations automatically permit relocation in violation of an existing custody order. If you need to leave because of immediate safety concerns, prioritize safety and seek legal assistance promptly regarding emergency custody, protective orders, and any necessary move-away orders.

Question 15

What if the other parent threatens to take the children out of state?

Accepted Answer

Act promptly if you believe there is a genuine risk that the other parent will take your children without permission. California's domestic violence restraining order process allows a parent to request orders designed to prevent child abduction or unauthorized travel, including through Form DV-108. An attorney can also determine whether emergency custody relief is appropriate.

Question 16

Do children have to testify about domestic violence in court in California?

Accepted Answer

Whether a child will provide testimony depends on factors including the child's age, maturity, the issues before the court, and the judge's determination. Parents should speak with their attorney before attempting to involve a child directly in the litigation.

Question 17

How do Child Protective Services (CPS) findings affect a child custody case?

Accepted Answer

CPS investigations and findings may become relevant when a family court evaluates allegations concerning abuse, neglect, or a child's safety. But CPS involvement does not automatically determine the outcome of a custody case. The family court considers the admissible evidence and makes its own custody decisions based on California law and the child's best interests.

Question 18

Can a divorce be filed immediately following a domestic violence incident?

Accepted Answer

Yes. A person does not have to wait for a domestic violence case to be resolved before beginning a divorce when California's requirements for filing are otherwise satisfied. Protective-order and divorce proceedings can overlap, making it particularly important to consider how requests involving custody, the family home, support, and contact between spouses fit together.

Question 19

Does domestic violence affect alimony or spousal maintenance awards?

Accepted Answer

Domestic violence can affect spousal support in California. Depending on the circumstances, domestic violence findings or criminal convictions may have consequences for whether support is awarded and how the court evaluates support issues. Because the rules depend heavily on the particular facts, an attorney should evaluate domestic violence and spousal support together rather than treating them as unrelated matters.

Question 20

Is financial assistance available for temporary housing and legal fees?

Accepted Answer

Resources may be available to domestic violence survivors through victim-assistance programs, shelters, nonprofit organizations, and government programs, although eligibility and available assistance vary. In a family law proceeding, there may also be circumstances in which a party can request attorney's fees or financial orders from the court. A lawyer can explain which family court remedies may apply to your situation.

Question 21

Can a protection order be modified or dismissed?

Accepted Answer

Depending on the circumstances, a party may ask the court to modify or terminate a domestic violence restraining order. Because an existing order remains enforceable unless and until the court changes it, neither party should simply agree privately to disregard its terms. Follow the existing order and use the proper court procedure to request a change.

Question 22

Can I fight domestic violence charges?

Accepted Answer

If you have been falsely accused, you have the right to defend yourself against the allegations. It is important to distinguish criminal domestic violence charges from a civil domestic violence restraining order or family law proceeding. Mattis Law, A.P.C. can address the family law consequences of domestic violence allegations, including their effect on divorce, custody, and visitation.

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